David Kircus files for bankruptcy, victim seeks damages

Posted by Mike Florio on July 24, 2010, 10:06 AM EDT

David Kircus, the former Broncos wide receiver who was supported by then-coach Mike Shanahan after taking a team-administered lie detector test related to an assault case, is still dealing with the repercussions of the assault.

The victim says Kircus attacked him at his home and cost him $102,149.71 in medical bills and lost wages, and a Colorado court found Kircus liable. But the bankruptcy filing could prevent the victim from collecting.

When Kircus was first accused of assault, Shanahan explained that he believed Kircus’s side of the story because the Broncos had given Kircus a polygraph test.

“I said, ‘Well David, I’ll give you a chance to take a lie-detector test,’ and he wanted to do that,” Shanahan said. “And he passed it with flying colors, so he will be on our football team.”

Precisely why polygraph is inadmissible. Depending on WHO pays for the private test, it can be interpreted any way they want.
As to the Bankruptcy filing, i believe that an INTENTIONAL tort such as assault would NOT be discharged in Bankruptcy.

Terry said:
“As to the Bankruptcy filing, i believe that an INTENTIONAL tort such as assault would NOT be discharged in Bankruptcy.”
What are you talking about dude? Are you just making stuff upto sound smart?
How can the court force someone who is bankrupt to pay $100,000+?

they can force him to hand whatever he earns over to someone.
kircus is from the middle of michigan.
kircus’ brother married the sister of a former co-worker of mine. she was recently divorced and living it up.
whirlwind “romance”…
they went to vegas. they had a disagreement. he beat her to death. he is now in jail for a long while.
a coupla guys who cant handle adversity or liquor…

bbq,
What it means is that the debt will never be discharged in bankruptcy and never go away, at least during the statutory period for the enforceability of the judgment. If Kircus has or obtains any assets, the attorney for the victim will be able to execute on those assets to satisfy the judgment. Terry is absolutely correct about intentional torts. If the tort was negligent, i.e. he got into a car accident, and the judgment was for more than his insurance policy covered, then the debt would be dischargable in bankruptcy.
You should have done a little research before trying to rip Terry.